In light of the recent appellate ruling in the cases of Civil Enforcement Limited v Ming Tak Chan and Vehicle Control Services Limited v Edward Ian, parking operators and their legal representatives are once again reminded of the requirement to adhere to CPR 16.4(1)(e), Practice Direction 7.5, and Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”).
"Dura Lex, sed lex!" - the law is stern, yet it is the law. This Latin adage rings true, especially in instances where numerous parking operators and their representatives have exploited motorists by initiating proceedings or securing default judgments, all while neglecting the stipulations of CPR 16.4(1)(e), Practice Direction 7.5, or POFA
Our team has been instrumental in aiding numerous motorist with meritorious cases, directing them to our esteemed legal partners at Lawrence and Associates Solicitors for applications to strike out under CPR 16.4(1)(e), Practice Direction 7.5, and part 24.
Several parking operators, including Premier Parking Solutions Limited, KBT Cornwall Ltd t/a Armtrac Security Services, Britannia Parking Group Limited, Napier Parking Ltd, Vehicle Control Services Limited, Excel Parking Services Limited, and Parking Control Management Limited, have encountered dismissals of their particulars of claim or had summary judgment against them due to non-compliance with CPR 16.4(1)(e) and Practice Direction 16.7.5.
A case in point is the recent victory secured by our former client, represented by Mr. Jackson Yamba of Lawrence and Associates Solicitors, against UK Parking Control Limited. The latter was mandated to pay £4,292.63 following a successful application to strike out under CPR 3.4(2)(c) part 24. This verdict underscores the unyielding necessity for strict adherence to legal rules.
If you have received a claim form concerning an unpaid parking charge and are uncertain about the parking company's compliance with the rules, we urge you to reach out to us promptly. We are committed to evaluating your case meticulously, offering comprehensive options, including the referrals to our adept legal partnerson a no win no fee basis.